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The new examination guidelines do not carry the weight of law, and it is not likely that their more extreme aspects will withstand judicial scrutiny, but practitioners need to keep tabs on court decisions, says Courtenay C. Brinckerhoff.

In March 4, 2014, the US Patent and Trademark Office (USPTO) published examination guidelines designed to aid examiners in applying the principles of recent Supreme Court decisions addressing when inventions relating to laws of nature, natural phenomena, and natural products are eligible for patenting under 35 USC §101.

Indeed, many have criticised the guidelines for broadening the exceptions to patent eligibility and threatening to discourage investment and innovation in biotechnology, pharmaceuticals, and personalised medicine.

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